AB286,1,91An Act to repeal 111.335 (1) (cg) 3. and 111.335 (1) (cv); to renumber and 2amend 111.335 (1) (cm); to amend 111.335 (1) (c); and to create 111.31 (6), 3111.335 (1) (cm) 2. to 4. and 111.335 (2) of the statutes; relating to: permitting 4an employer to refuse to employ or to bar or terminate from employment an 5individual who has been convicted of a felony and who has not been pardoned 6for that felony and preempting cities, villages, towns, and counties from 7adopting provisions concerning employment discrimination based on arrest or 8conviction record that prohibit activity that is allowed under the state fair 9employment law.

Analysis by the Legislative Reference Bureau

The current state fair employment law, subject to certain exceptions, prohibits discrimination in employment based on arrest or conviction record. That law specifies, however, that it is not employment discrimination because of conviction record to refuse to employ or to terminate from employment an individual who has been convicted of a felony, misdemeanor, or other offense, the circumstances of which substantially relate to the circumstances of the particular job. This bill specifies that it is not employment discrimination because of conviction record for an employer to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony, whether or not the circumstances of the felony substantially relate to the circumstances of the particular job.

Under current constitutional and statutory home rule provisions, a city or village may determine its own local affairs subject only to the Wisconsin Constitution and to any enactment of the legislature that is of statewide concern and that affects every city or village with uniformity. This bill states that the prohibition against discrimination in employment based on arrest or conviction record under the state fair employment law is a matter of statewide concern, requiring uniform enforcement at the state, county, and municipal levels. As such, the bill prohibits any county, city, village, or town from adopting any provision concerning employment discrimination based on arrest or conviction record that prohibits any activity that is allowed under the state fair employment law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB286,2,42
111.31 (6) The legislature finds that the prohibition against discrimination on 3the basis of arrest or conviction record under s. 111.335 is a matter of statewide 4concern, requiring uniform enforcement at the state, county, and municipal levels.

AB286,2,86
111.335 (1) (c) Notwithstanding s. 111.322, it is not employment discrimination 7because of conviction record to refuse to employ or license, or to bar or terminate from 8employment or licensing, any individual whoof the following:

AB286,2,119
1. HasAn individual who has been convicted of any felony, misdemeanor, or 10other offense the circumstances of which substantially relate to the circumstances 11of the particular job or licensed activity; or.

AB286,3,312. IsAn individual who is not bondable under a standard fidelity bond or an 2equivalent bond wherewhen such bondability is required by state or federal law,
or3administrative regulation or established business practice of the employer.

AB286,3,107
111.335 (1) (cm) (intro.) Notwithstanding s. 111.322, it is not employment 8discrimination because of conviction record to refuse to employ as an installer of 9burglar alarms a person, or to bar or terminate from employment, any of the 10following:

AB286,3,12111. An individual who has been convicted of a felony and who has not been 12pardoned for that felony.

AB286, s. 513Section
5. 111.335 (1) (cm) 2. to 4. of the statutes are created to read:

AB286,3,1614
111.335 (1) (cm) 2. An individual who has been convicted of a felony, the 15circumstances of which substantially relate to the circumstances of the particular 16job, and who has been pardoned for that felony.

AB286,3,1917
3. An individual who has been convicted of a misdemeanor or other offense, the 18circumstances of which substantially relate to the circumstances of the particular 19job.

AB286,3,2220
4. An individual who is not bondable under a standard fidelity bond or an 21equivalent bond when such bondability is required by state or federal law, 22administrative regulation, or established business practice of the employer.

AB286, s. 725Section
7. 111.335 (2) of the statutes is created to read:

AB286,4,31111.335 (2) No county, city, village, or town may adopt any provision concerning 2employment discrimination based on arrest or conviction record that prohibits any 3activity that is allowed under this section.

AB286,4,105
(1) Employment discrimination; conviction for felony. The treatment of 6section 111.335 (1) (c), (cg) 3. and (cv) of the statutes, the renumbering and 7amendment of section 111.335 (1) (cm) of the statutes, and the creation of section 8111.331 (1) (cm) 2. to 4. of the statutes first apply to a decision to refuse to employ or 9to terminate from employment an individual made on the effective date of this 10subsection.